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North Carolina Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Health Care Law for North Carolina on
Q: I called out sick & my supervisor told everyone in the Teams chat my diagnosis w/o asking me then sent a text to apologi

Odd thing is a coworker was out sick previously and I knew why and she made sure to tell me not to say anything in the teams chat because it goes against policy so why was my issue told to everyone without my consent. I know she made a mistake when she texted my cell phone saying she was sorry for... View More

N'kia (NLN)
N'kia (NLN)
answered on Mar 31, 2023

An employer could violate the law by disclosing an employee's medical information without consent or justification. But the answer would depend on several factors, including the specific information that was disclosed. For example, there are laws related to privacy (generally), disabilities,... View More

2 Answers | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: I'm having some serious issues with my manager. I need to know if these actions are grounds to take legal action

She told me I cannot use the bathroom when it was an emergent situation due to me knocking on the door and it was annoying her. She also told me I need to take my medical alert bracelet off when I'm working because it gets in the way of performing my job.

N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

An employee who has a disability (as defined by law) may be entitled to reasonable accommodations. However, accommodations may not be reasonable if they would be burdensome to the employer.

An employer who knows an employee has a disability may be required to initiate an "interactive...
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2 Answers | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: I'm having some serious issues with my manager. I need to know if these actions are grounds to take legal action

She told me I cannot use the bathroom when it was an emergent situation due to me knocking on the door and it was annoying her. She also told me I need to take my medical alert bracelet off when I'm working because it gets in the way of performing my job.

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 7, 2023

While there is no general claim for harassment in the workplace, you cannot be harassed or treated differently than other employees based on a protected class characteristic (i.e. race, sex, age, disability, religion). If you believe your manager's conduct is connected to any of these... View More

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1 Answer | Asked in Employment Law for North Carolina on
Q: Can my employer change my contract without consideration?

I live in North Carolina and my employer is based in Nevada. Part of my employment agreement includes a bonus and annual raise, but they have decided they will not fulfill these agreements and are demanding that I sign a new contract that does not include these terms and does not include additional... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 14, 2022

This is impossible for any lawyer to answer accurately without reviewing the complete terms and conditions of your employment agreement. This may also be governed by Nevada law, not North Carolina. You should take the entire agreement to an employment law attorney for review. In general terms, if... View More

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Can my boss force me to fill out a request for reasonable accommodation?

If I no longer need an accommodation, could I have my job back?

Kirton M. Madison
Kirton M. Madison
answered on Nov 16, 2023

Your employer may request that you and your medical provider complete an accommodation request form.

However, your question is a bit confusing and raises a lot of follow up questions. The purpose of an accommodation is to allow you to perform the essential functions of your job. You should...
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1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: I was publicly humiliated and threatened with bodily harm by the district manager then told not to bother returning
T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2023

Public humiliation and threats could be considered a form of workplace harassment or hostile work environment. You may have grounds to file a complaint with your HR department or even take legal action.

2 Answers | Asked in Employment Law and Immigration Law for North Carolina on
Q: After one received its stamp I-94 at the border with classification DT; Alien what is next? which forms if any to fill ?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 26, 2023

The DT class of admission on your I-94 indicates that you were allowed to enter the US under the Visa Waiver Program (VWP) for a temporary period of up to 90 days for business or pleasure.

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1 Answer | Asked in Employment Law for North Carolina on
Q: Do I have any rights after I signed a bonus clause to pay back 50% within 2 years? I left 2 weeks before my start date.

I started my job on 8/23/21 and my last day was 8/11/23. I know that I signed an agreement stating that I would have to pay back 50% of my bonus if I left within 2 years. They have withheld that amount from my last paycheck, but I did not receive a copy of my payroll or how much would be deducted.... View More

Ben Corcoran
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Ben Corcoran
answered on Aug 21, 2023

Send a demand letter requesting that they produce the information, or you will file a lawsuit and will be entitled to see it during the discovery process.

1 Answer | Asked in Employment Law and Health Care Law for North Carolina on
Q: If I’ve paid 12 months of premiums to health insurance, can my district terminate it before those 12 months are up?

We only get paid 10 months of the year, so our premiums for the whole year come out over 10 months. I am changing districts and my HR terminated my Health insurance as of June 30 even though my resignation was July 30 and I paid my premiums for the whole year.

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2023

A North Carolina attorney could advise best, but your question remains open for two weeks. But it could be difficult for any attorney to offer meaningful input without knowing the contract terms of the insurance policy. If you consult with a local attorney, they are likely going to want more... View More

Q: I have questions about business conspiracy. Would like to find lawyers in Durham area, specializing biz & employment law

Entity A and B teaming up to against my best interest - deferred salary and compensation, in a total over $170k.

N'kia (NLN)
N'kia (NLN)
answered on Jun 20, 2023

This is only a Q&A forum where members of the public can post legal questions and attorneys can provide legal information. To connect with an attorney to assist with a legal matter, you might try searching the directory and reaching out to someone directly. Good luck!

1 Answer | Asked in Employment Law for North Carolina on
Q: Does my employer have to compensate me for hours I worked as overtime?

I was terminated today from my job.

I have worked close to 20 hours of overtime not asking for pay once, and was let go. I used to have documentation of this, but that file disappeared from my work computer shortly after I was terminated. They have proof that I came to work early and... View More

N'kia (NLN)
N'kia (NLN)
answered on Jun 7, 2023

Generally, unless they are "exempt" from overtime requirements, employees must be paid for their overtime work. A knowledgeable employment law attorney could help evaluate whether or not a particular employee is/was exempt, the strength of their evidence, and the strength of their claim.... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: Can I be forced to pay back EARNED (not overage) wages and salary for terminating my employment?

I was hired and signed an employment contract and it is saying that I must pay back all earned wages for hours I worked during what they refer to as training cycles. I am an employee who has resigned due to poor leadership and poor training, but the employer is telling me I now owe them 27,000$ for... View More

N'kia (NLN)
N'kia (NLN)
answered on May 8, 2023

In theory, an employee may be required to pay back an employer. But if a contract clause is unreasonable or violates a specific law, it might not be enforceable. An attorney would need to review the contract to be able to thoroughly evaluate the situation. Since you've already reported to the... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: I have multiple health problems. Blood sugar was 455 I dozed off during a meeting and was terminated the next day. I was

On the way to the doctor and was made to come in and was terminated.

N'kia (NLN)
N'kia (NLN)
answered on May 8, 2023

It is unclear what your question is. You might consider reposting with a specific question. Good luck!

1 Answer | Asked in Employment Law for North Carolina on
Q: Can an employer force me to stay home and then penalize me for missing work?

Doctor recommended light duty. Employer refused and sent me home. Employer plans to write me up for missing work

N'kia (NLN)
N'kia (NLN)
answered on May 8, 2023

Generally speaking, no, an employer can't require an employee to do something and then penalize them for doing it. However, without knowing specific facts, it would be pretty difficult for an attorney to properly assess your situation. You might consider consulting with an attorney who collect... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: We are salaried houseparents, we work a 7 days on/ 7 off schedule. Are we entitled to 1.5x pay when we work all 14 days

We are on duty for 24 hours per day for 7 days followed by 7 days off when an alternate couple relieves us and works the same schedule. When we work in lieu of the opposing couple (such as when they are on vacation or sick) we end up working all 14 days of a pay period. Is our employer legally... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 26, 2023

There are general rules and then there are exceptions. The category that you fit into depends on various factors, such as whether you live in the home, what you mean by "on duty," etc. It would be pretty difficult for an attorney to evaluate your rights without additional information. You... View More

1 Answer | Asked in Employment Law for North Carolina on
Q: Am i entitled to overtime pay?

I'm curious about overtime pay. I'm a hourly employee working on projects which last around 5-6 days at a time. Projects starting typically on a Wednesday untill the following Tuesday. In that case i usually worked around 70 hours. Am i entitled to overtime pay ?

N'kia (NLN)
N'kia (NLN)
answered on Apr 14, 2023

Generally, hourly employees are entitled to overtime pay. But whether or not YOU are depends on your specific circumstances. You might consider consulting with an attorney who can collect additional information and provide more specific guidance.

1 Answer | Asked in Employment Law for North Carolina on
Q: If I was never paid by an employer as a contractor am I obligated to keep a non compete agreement?
N'kia (NLN)
N'kia (NLN)
answered on Apr 10, 2023

The answer could depend on several factors, including why you weren't paid, whether payment was a condition of the noncompete agreement, and whether either party materially breached the agreement. You should consider consulting with an attorney who can review the agreement itself and help... View More

Q: Renewal of employment contract on partial disability

I am a partner of a large professional firm and a full-time contract paid me well with benefits. Last year I developed a disability and since have been on partial disability. Our group had a vote and decided to sell the company to another prominent organization. In my profession, 1-3 year contracts... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 9, 2023

There are quite a few factors that could potentially affect your rights. For just a few examples:

Are you an owner or an employee? How recently did the new company take over? Was the promise for equivalent pay included in a written contract between the two companies? Etc.

To be...
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2 Answers | Asked in Contracts and Employment Law for North Carolina on
Q: Do I have to pay a relocation bonus back if the agreement wasn't sent to me until after I started working?

I moved to NC from NY. In my offer letter I was offered a $7500 relocation bonus unaware that it would have to be paid back. Accepted the job.. 30 days after starting, I emailed HR asking when I would receive the bonus. HR then emailed me an agreement to be signed about paying back the relocation... View More

John Michael Frick
John Michael Frick
answered on Apr 2, 2023

As long as you didn’t sign the agreement, you have strong argument that the additional terms requiring you to repay the relocation bonus are not part of your agreement

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1 Answer | Asked in Employment Law, Insurance Bad Faith and Insurance Defense for North Carolina on
Q: Can an employee insurance refuse to pay the beneficiary who is her granddaughter because the employee was not married?
Tim Akpinar
Tim Akpinar
answered on Sep 30, 2022

A North Carolina attorney could advise best, but your question remains open for four weeks. An attorney is likely going to want to see more details about the policy. If you could arrange a brief initial consult, an attorney might be able to outline the best options here, such as litigation or... View More

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